Ewolucja ustroju politycznego V Republiki

Kilka refleksji

Abstrakt

Evolution of the Constitutional System of the V Republic. A Few Reflections

The Constitution of the Fifth Republic of France after the reform of 1962 (introduction of the presidential election in a general vote) establishes, on a legal level, a semi-presidential system. Depending on the results of the presidential and parliamentary elections – in particular to the National Assembly – their result pointed towards “presidentialisation” of the system, meaning that the President could have in practice full executive powers (the government was responsible) or periods of cohabitation (cooperation), when the parliamentary majority represented an opposition option to the President of the Republic and the constitutional system revealed its parliamentary characteristics. The domination of the president in the Fifth Republic resulted not only (though mainly) from the political forces active at the time. Its sources are elucidated in article 5 of the Constitution, defining the functions of the president as the guardian of the Constitution and ensuring, through its arbitration, the regular functioning of public authorities and the continuity of the state. It is a tradition of republican France that political practice gives constitutional shape to legal constitutional norms; this was the case in the Fourth Republic, and even more so in the Third Republic.